Pool Approval

I want to install an inground pool. I have completed the ACC form and submitted it with plans and materials. FYI, my neighbor has a pool.

----->Here is what is said in the DCCRs.:
Section 6.20 Swimming Pool, Tennis Courts and Other Structures.
No swimming pools, tennis courts, or other similar recreational structures shall be constructed on any Lot until such time as the Developer or its designated representative has resigned as the sole director of the Association and the Members of the Association have elected successor directors. Thereafter, no swimming pool or other recreational structure shall be constructed on any Lot unless approved by the Association. Any swimming pool or similar structure which has been approved in writing by the Association shall be constructed in accordance with this Declaration and with all applicable local ordinances and/or state laws. No above ground swimming pools shall be permitted. Swimming pools, tennis courts, and other similar recreational structures, if permitted in writing by the Association, shall be screened from any street lying entirely within the Subdivision, by wall, solid fence, evergreen hedge or other visual barrier approved in writing by the Association and in compliance with the laws and governmental regulations and ordinances pertaining thereto.

----->The HOA sent me this response:

Good Evening Kamilia,

What is left of the Board has just met about a few subjects and your pool was the priority.

We are working hard to approve your project, however, it will take some additional time. We have a few questions that we need to be sure are addressed before an approval can be made.

With the history of flooding and drainage issues at the rear of your property ever since the community was built, we must have an independent review by a physical engineer to be sure that installing a pool and adding the amount of concrete necessary will not:

a) cause standing water for an extended period of time in the event of heavy downpours
b) cause overflow issues into your pool in the event of heavy downpours
c) affect any easement areas at the rear of your property since this area is the responsibility of the HOA to manage
d) cause the water to reroute towards any of your neighbors
e) interrupt drainage in any way

The HOA recently spent an enormous amount of money repairing the french drain behind your home and cannot risk any adjustments to the grading of the land that would compromise its effectiveness.
Since we have just lost 2 members of the Board this past week, we are down to 4 members- all of which have extremely busy schedules right now. I am taking the lead on this to get the required information addressed as soon as possible.

I don't remember if you already told me, have you applied with the Township for a permit or received an approval yet?

As soon as we can get a contractor to review this and are confident there will not be any drainage issues due to a pool installation, we will get back with you.

Have a good evening,

###################
President, CPS HOA

Kam

A good, thoughtful, and correct reply. The ball is now back in your court.

I feel my neighbor violates the city ordinance by rerouting water onto my property, which the HOA wants me to be responsible for. There is over a foot drop-off from his pool to my property which moved my property line now onto a hill,

My guess is they would tell you that they learned their lesson when your neighbors pool created problems. If so, it sounds like a valid reason to me.

The township has approved our permits as they do not weigh in on HOA matters. They say those are civil matters, lol. The HOA wants me to complete the survey and submit the findings to have my application reviewed for approval [separate email]. My neighbor did not have to do this a few blocks up [same hoa]. It doesn't help to live next door to an HOA BOD member.

In my association, with a home with a history of flooding and where the association has spent money on common property trying to fix the issue, we would require an engineering study showing drainage plans. Not just a survey, a surface water plan done by a certified engineer. Your neighbor down the street may not have the same drainage situation as you do and every lot is completely different.

I know it seems unfair to you, but your HOA appears to be looking at the community's best interest. You only have a few choices. Comply and get the study done, build without ACC approval and probably get sued by the HOA, or sue your HOA because you are not getting approval.

In the long run it's probably cheaper to just get the engineering study done. It's probably not a huge percentage of money on top of what you are already paying for your in ground pool.

Anyone who already has French drains and catch basins should be thankful that they're being forced to consider drainage and other issues.